Under this particular statute of the agreement, a player may only be penalized or punished for an act or conduct one time.

It's similar in function to a "double jeopardy" clause.

“The Commissioner and a Club will not both discipline a player for the same act or conduct. The Commissioner’s disciplinary action will preclude or supersede disciplinary action by any Club for the same act or conduct," it reads.

Because Richie Incognito has already served an eight-game suspension for conduct related to Jonathan Martin, the league would likely have to introduce other evidence of his misconduct; for example, his harrassment of "Player A" (AKA Andrew McDonald) or his attempts to obstruct an investigation by urging other players to destroy the fine book.

The NFLPA has the right to appeal any discipline levied on Incognito, and will likely do so in this case.

If that's the circumstance, Incognito has to plead his case to commissioner Roger Goodell.